Client of construction engineering consulting contract: * * * (hereinafter referred to as Party A) demonstration document 1
Consultant: * * * (hereinafter referred to as Party B)
Due to the needs of engineering business, Party A needs to entrust Party B to prepare the budget, settle accounts and check the pre-settlement of related engineering expenses. Based on the principles of equality, voluntariness and mutual benefit, both parties reached an agreement and signed this contract for mutual compliance.
1. The entrusting party entrusts the consultant to provide construction project cost consulting services for the following projects:
1. Project name: * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *.
2. Service content: preparation of project budget, settlement and final accounts; Check the project budget, settlement and final settlement with the construction unit (or its authorized client); According to the construction contract signed with the construction unit and Party A's requirements, timely declare and check all progress reports; Review the progress and settlement expenses of Party A's subcontracted projects; Price declaration, confirmation, cost audit, control, engineering business negotiation, change, contract dispute determination and claim in the construction process; Compile the basis of project cost valuation, monitor the project cost and provide relevant project cost information. (excluding hydropower installation engineering and reinforcement engineering quantity calculation).
Second, the rights of consultants.
1. During the consultation process, if the information provided by the customer is unclear, the consultant can submit a written report to the customer.
2. In the process of consultation, the consultant has the right to check or inquire about the questions raised by the third party related to this consulting business.
3. During the consultation, the consultant has the right to go to the project site for investigation.
4. get paid according to the contract.
Third, the rights of the client.
1. The entrusting party has the right to ask the consultant about the work progress and related contents.
2. Customers have the right to elaborate opinions and suggestions on specific issues.
3. When the entrusting party determines that the consulting professionals do not perform their duties according to the consulting contract, or collude with a third party to cause economic losses to the entrusting party, the entrusting party has the right to demand the replacement of the consulting professionals until the contract is terminated, and demand the consulting party to bear corresponding compensation responsibilities.
4. The client has the right to review the results submitted by the consultant.
Fourth, the responsibility of consultants.
1, from a professional point of view, do the contract service content in time; Put forward in writing the matters that should be paid attention to in the whole process of implementing the general contracting contract, including the collection and arrangement of settlement data, to ensure the integrity and effectiveness of settlement data.
2. Provide customers with information related to the project cost business, including work plans, etc.
3. During the performance of the contract or within the time limit stipulated in the contract, confidential information related to the commercial activities stipulated in this contract shall not be disclosed.
4. In the audited settlement result, if the cost error is above 1% (excluding 1%), Party B shall be deemed to have neglected his duty.
According to the contract, the consultant shall not participate in any activities that may conflict with the interests of the client.
6. The responsibility period of the consultant is the validity period of the construction project cost consultation contract. If the progress is delayed or delayed beyond the agreed date due to the non-consultant's responsibility, both parties shall further agree to extend the validity of the contract accordingly.
7. During the responsibility period, the consultant shall perform the obligations stipulated in the construction project cost consultation contract and compensate the economic losses caused to the client by the consultant's unilateral fault.
8. If the consultant fails to check or answer the questions raised by the entrusting party or the third party in time, resulting in the failure to perform the contract in whole or in part, the consultant shall bear the responsibility.
Verb (abbreviation for verb) customer's responsibility
1, the client is responsible for coordinating the third party related to the construction project cost consulting business and providing external conditions for the consultant's work.
2. The client shall provide the consultant with information related to the consulting business of this project free of charge within the agreed time (with the cooperation of the consultant).
3. The entrusting party shall give a written reply to the matters submitted by the consultant, and ask for a reply within the agreed time. When the consultant requests the third party to provide relevant information, the entrusting party shall be responsible for conveying and transmitting the information.
4. The entrusting party shall authorize a representative qualified for this consulting business to contact the consultant.
5. The client shall perform the obligations stipulated in the construction project cost consultation contract. If there is any violation, it shall bear the liability for breach of contract and compensate the loss caused to the consultant.
6. Pay the remuneration to the consultant in time according to the contract requirements.
Remuneration and payment of intransitive verb consulting business
1. According to the construction area checked with the construction unit, Party A shall pay Party B a one-time remuneration at the unit price of 2.50 yuan/m2 (the reproducible buildings are not counted as the construction area, and the buildings with similarity above 90% are counted as 10%).
2. The lump-sum unit price has included all expenses except the bus fare for Party B's project in Changzhou, such as salary, bonus, subsidy, overtime pay, material fee, equipment use fee, telephone fee, internet fee, social insurance fee (five insurances and one gold), various labor insurance benefits and holiday allowance. That is, the remuneration paid to Party B = construction area *2.50 yuan/m2, and the construction area checked by the construction unit.
3. The fare of Party B to Changzhou Project shall be reimbursed by Party A. ..
4. Party A shall temporarily pay Party B RMB 5,000.00 yuan every month, and suspend payment when the accumulated remuneration paid to Party B reaches RMB 65,438+020,000.00 yuan; After Party B's project completion report (final statement) is compiled by Party A and submitted to the construction unit, Party B shall pay remuneration (excluding monthly payment) according to the declared project construction area of *2.50*80%; After checking with the construction unit to complete the project completion settlement (final settlement) and being audited by Party A, Party B shall pay remuneration (excluding monthly payment) according to the construction area of the completed settlement project *2.50* 100%;
5. If the client fails to pay the construction project cost consultation fee within the prescribed payment period, it shall compensate the consultant for the interest on the fees payable from the date of payment. The calculation method of interest is to multiply the bank loan interest on the last day of the specified payment period by the time when the remuneration is in arrears.
6. The currency of payment is RMB.
Seven, the other one
1. Due to the needs of the cost consulting business, the consultant will go out for an inspection outside the contract, and the required expenses will be borne by the client with the consent of the client.
2. If the consultant needs the assistance of external personnel, the expenses shall be borne by the consultant within the scope of the entrusted project cost consulting business; Beyond the scope of the entrusted project cost consulting business, with the consent of the entrusting party, the expenses shall be borne by the entrusting party.
Without the written consent of the other party, neither party may transfer the rights and obligations stipulated in the contract.
4. Except with the written consent of the client, the consultant shall not accept any remuneration related to the project cost consulting project other than that agreed in the project cost consulting contract.
Eight. Settlement of contract disputes
1. Compensation for losses and damages caused by breach of contract or termination of contract shall be settled through consultation between the client and the consultant; If no agreement can be reached, it can be submitted to the relevant competent department for mediation; If negotiation or mediation fails, it shall be submitted to arbitration or brought to a people's court according to the agreement of both parties.
Nine. Entry into force, modification and termination of the contract
1. This contract shall come into effect as of the date of signature by both parties.
2. When one party requests to change or terminate the contract, it shall notify the other party before 14; If any loss is caused to one party due to the change or dissolution of the contract, the responsible party shall be responsible for compensation.
3. The notice or agreement to change or terminate the contract shall be in written form. The original contract is still valid until a new agreement is reached.
4. This contract is made in duplicate, with the same legal effect, and each party holds one copy.
Party A (official seal): _ _ _ _ Party B (official seal): _ _ _ _ _
Legal representative (signature): _ _ _ _ _ Legal representative (signature): _ _ _ _ _
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Demonstration document II of the entrusting party (Party A) of the construction engineering consulting contract:
Trustee (Party B):
According to the Contract Law of People's Republic of China (PRC), both parties to the contract reached an agreement and signed this contract through technical consultation.
I. Contents, forms and requirements of consultation:
1. Party A entrusts Party B to undertake the preparation of the project proposal of Gaoxin No.2 Road (outer ring to Zheshuwan Road) open space greening project;
2. Main contents of technical consultation: The contract project includes the preparation of project proposal. The main contents include the necessity of project construction, demand forecast, engineering scheme, environmental protection, implementation progress, investment estimation, fund raising, economic evaluation and benefit analysis, necessary social benefit evaluation and research conclusion, etc.
3. Party B's project proposal must meet the approval requirements of Party A and pass the approval of government-invested projects.
Second, the way of expression
Party B shall submit four technical consultation reports within 30 working days after accepting the entrustment of Party A and collecting all the information needed for technical consultation.
Three. Entrusting party's cooperation matters:
Within 10 days after the contract comes into effect, the entrusting party shall provide the following information and working conditions to the consultant: 1. Detailed planning of construction projects; 2. Topographic map of construction project area 1: 500; 3, the construction project demolition information; 4. Other relevant information.
Four. Confidentiality of technical information and materials:
Party B shall keep all the information of this project confidential, and shall not transfer, copy or provide it to any third party in any other form without Party A's permission.
Party A shall keep the technical consultation results of this project confidential, and shall not transfer, copy or provide the technical consultation results of this project to any third party in any other form without Party B's permission.
Verb (abbreviation of verb) intellectual property
(1) Party B guarantees that the technology, articles, inventions or knowledge and technological achievements used in the consulting service of this project or provided to Party A will not infringe the rights of any third party; In addition, if Party B uses goods with intellectual property rights, the expenses required for the process and invention shall be borne by Party B. (2) When Party A uses the consulting results under this contract, it shall not be infringed or compensated by any intellectual property rights such as patent rights, trademark rights, copyrights or industrial design rights caused by Party B's consulting services. In case of any dispute or controversy due to the above reasons, Party B shall bear all the responsibilities, and Party A shall not be responsible.
Remuneration and payment methods of intransitive verbs:
(1) Remuneration for this project (consulting fund):
(2) This project is based on the Notice of the State Planning Commission on Printing and Distributing the Interim Provisions on Consultation Fees for Construction Projects (total price: 199 1283)? According to the estimated investment of the construction project, what is the charging standard? 60%,? What is the adjustment coefficient of budgetary estimate investment of construction project? The consulting fee is 0.7.
The total consulting fee is 33,000 yuan (in words: 33,000 yuan only).
(3) Payment method
1. The remuneration for technical consultation shall be paid by Party A to Party B in one lump sum.
2. Specific payment time: payment will be made when the report meeting Party A's requirements is submitted.
VII. Ways to settle disputes:
Disputes arising from the performance of this contract shall be settled through negotiation and mediation. If negotiation or mediation fails, the following (1) method shall be adopted:
(a) submitted to Wuhan Arbitration Commission for arbitration;
(two) to the people's court according to law.
Eight. Other unfinished business.
This contract is made in sextuplicate, four for Party A and two for Party B.
Party A (official seal): _ _ _ _ Party B (official seal): _ _ _ _ _
Legal representative (signature): _ _ _ _ _ Legal representative (signature): _ _ _ _ _
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Model text of construction engineering consulting contract 3: (Party A)
Examining institution: (Party B)
Party A entrusts Party B to undertake the review of engineering construction drawing design documents, and this contract is signed by both parties through consultation.
Article 1 This contract is signed in accordance with the following laws, regulations, rules and normative documents.
1. 1 People's Republic of China (PRC) contract law;
1.2 Regulations on Quality Management of Construction Projects;
1.3 Administrative Measures for Examination of Construction Drawings and Design Documents of Housing Construction and Municipal Infrastructure Projects issued by the Ministry of Housing and Urban-Rural Development;
1.4 Implementation Measures for Review of Construction Drawings and Design Documents of Housing Construction and Municipal Infrastructure Projects by the Provincial Department of Housing and Urban-Rural Development;
1.5 Other national and local laws and regulations on the management of survey and design of construction projects. Article 2 According to the relevant regulations of the national and provincial price authorities, the total review fee for this contract is RMB (see the review fee table). Within three days after the signing of the contract, Party A shall pay Party B 50% of the examination fee as the down payment, which shall be paid in RMB. After Party B submits the review results, Party A shall pay the balance of the review fee to Party B in RMB.
Article 3 After this contract comes into effect, Party B shall earnestly perform the review duties in accordance with the relevant regulations of the construction administrative department where the project is located, provide good services for Party A, and complete the review of the construction drawing design documents of this project within * * * working days from the date of receiving the full set of construction drawing design documents.
3. 1 If this project passes the examination, Party B shall issue the Examination Certificate of Construction Drawing Design Documents of Housing Construction Project (hereinafter referred to as the Examination Certificate) to Party A, and return a complete set of construction drawing design documents stamped by Party B. Party B shall submit a copy of the examination certificate and relevant examination materials to the competent construction department for the record.
3.2 If this project fails to pass the examination, Party B shall return the construction drawing design documents to Party A, and explain in writing the reasons for failing to pass the examination. At the same time, problems found by construction units, survey and design enterprises and registered practitioners that violate laws, regulations and mandatory standards for engineering construction shall be truthfully reported to the construction administrative department where the project is located, and included in the bad record files.
3.3 After Party B returns the construction drawing and design documents to Party A, Party A shall request the original survey and design enterprise to modify them, except for the survey and design beyond the qualification, and submit the modified construction drawing and design documents to Party B for review.
3.4 The time for the survey and design unit to modify the construction drawing design documents according to the review opinions is not included in Party B's review working days. The review period shall be postponed accordingly according to the working days.
Article 4 No unit or individual may modify the construction drawings that have been examined and passed without authorization. It is really necessary to modify the contents stipulated in OrderNo. 1 1. Ministry of Construction 134, Party A will send the revised construction drawing design documents to Party B for review.
4. 1 The revised construction drawing design documents shall not be used for construction without Party B's review. If it is used for construction without authorization, Party B will not bear corresponding responsibilities. The construction administrative department will impose administrative and economic penalties on relevant responsible units in accordance with relevant laws and regulations.
Article 5 responsibilities of both parties
5. 1 Party A's responsibilities
5. 1. 1 Party A shall be responsible for the completeness, authenticity and validity of the complete set of materials provided by the construction drawing design documents.
5. 1.2 Party A shall not require or imply that the examiners violate the mandatory provisions of laws, regulations, engineering construction standards and relevant national standards for examination.
5. 1.3 If Party A fails to return the revised drawings or change the design on schedule without giving reasons, it shall be deemed that Party A has terminated the contract.
5. 1.4 Party A has the obligation to keep the evaluation results of Party B confidential, and shall not disclose them to third parties or allow them to be reused.
5.2 Party B's responsibilities
5.2. 1 Party B shall conduct the review according to the mandatory provisions of engineering construction standards and relevant national standards and specifications, and be responsible for the completeness, validity and accuracy of the review conclusions of the construction drawing design documents to be submitted.
5.2.2 Party B shall not require or imply that the examiners violate the mandatory provisions of laws, regulations, engineering construction standards and relevant national standards to conduct the examination.
5.2.3 Party B is obliged to keep the technical data provided by Party A confidential, and shall not disclose it to a third party or allow it to be reused except 3. 1 and 3.2.
Article 6 Liability for breach of contract 6. 1 Party A's liability for breach of contract.
6. 1.65438+
6. 1.2 If the information provided by Party A is inaccurate or incorrect, which leads to quality defects in the evaluation results of Party B, Party A shall be responsible for it. ..
6. 1.3 If the construction drawing design documents provided by Party A need to be significantly modified or redesigned after review, Party A shall pay the review fee according to the workload required for re-review.
6. 1.4 If the review is terminated due to Party A's reasons, Party A shall pay the review fee as follows: 50% of the review fee shall be paid when the actual workload is less than or equal to 50%; If it exceeds 50%, it will be paid according to the full assessment fee.
6.2 Party B's liability for breach of contract
6.2. 1 If Party B fails to deliver the review results to Party A within the time stipulated in the contract, Party B shall pay Party A the liquidated damages for the review fee for each working day delayed.
6.2.2 After the contract comes into effect, if the contract cannot be performed due to Party B's reasons, the penalty for examination fee may be charged according to the specific circumstances and adverse effects.
6.2.3 If there are still problems that violate the laws, regulations and mandatory standards of engineering construction after the construction drawing is approved, and losses are caused to the construction unit, Party B shall bear the corresponding liability for compensation in accordance with the law, and actively take remedial measures. However, it cannot replace the survey and design quality responsibility undertaken by the survey and design unit.
Article 7 Others
7. 1 If Party A has major differences in principle on the review opinions put forward by Party B and cannot reach an agreement through consultation, it may apply to the construction administrative department for review. The construction administrative department shall organize expert argumentation according to the procedure and make an arbitration decision.
7.2 After the construction administrative department organizes the expert demonstration, if the demonstration result is basically consistent with the original evaluation result, the expert demonstration fee shall be paid by Party A; If the demonstration result is inconsistent with the original evaluation result, the expert demonstration fee shall be paid by Party B. ..
7.3 If the construction drawing design documents that have passed the examination need to be re-examined as a whole due to Party A's reasons, they shall be submitted for approval as new projects, and the examination fee shall be charged.
7.4 This project adopts new structures, new technologies and new materials, and the travel expenses for investigation and data collection in other places shall be borne by Party A, and the time for investigation and data collection shall not be included in the review time agreed in the contract.
7.5 Party A entrusts Party B to undertake the consulting services beyond the contents of this contract, and pay the fees separately.
7.6 If the contract cannot be performed due to force majeure, both parties shall settle it through negotiation in time.
7.7 If there is any dispute between the parties to the contract, they shall settle it through consultation in time, or entrust the construction administrative department to mediate, or bring a lawsuit to the people's court.
7.8 This contract is made in duplicate, one for Party A, one for Party B and one for the administrative department of construction where the project is located.
7.9 This contract can only take effect after both parties sign it.
7. 10 This contract shall be terminated after both parties have fulfilled their obligations stipulated in the contract.
7. 1 1 The agreement, written notice, meeting minutes and supplementary agreement signed by both parties are an integral part of this contract and have the same legal effect as this contract.
7. 12 Other agreed matters
Party A (official seal): _ _ _ _ Party B (official seal): _ _ _ _ _
Legal representative (signature): _ _ _ _ _ Legal representative (signature): _ _ _ _ _
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